Restraining Order And Family Court Order Query

[lsharp]

hi just a quick one, i have a non conviction restraining order against myself stupidly hit my ex in the past and he made it out to be the victim, wasn’t enough evidence so they put a non conviction restraining order in place to stop future problems, anyway that says we can’t have any direct or indirect contact which is absolutely fine with me lol BUT we have 2 kids together that he sees fornightly, unfortunately this weekend one of the kids was abit poorly and i had to write him a note to explain that he was ill (he’s 8) and that i had given him some decent medicine at such a time etc, our family court order states i can tell him of anything medical but obviously the restraining order says no contact....i as a mother had to tell him about the medicine in case he gave more and overdosed our son, so my question is have i done anything wrong because like i say i didn’t really have a choice and would like to think he would want to know but according to my son he moaned about the note!!

[EDDIE51]

No , you have acted correctly. As the order states, you can tell him medical information.

[lsharp]

so does the restraining order not matter then? because that says no contact yet the family order says for medical i can, i would be the one who was up for neglect if he overdosed our son for not telling him what i’d given him lol

[EDDIE51]

Conveying medical information is essential for the child's well-being.
A non contact order does not include essential information on medical matters.

[lsharp]

oh good i’m glad i haven’t done anything wrong, just think it was wrong to get my 8 year old to tell him and not only that incase he forgot what he had taken and at what time lol i’d hope he was a decent parent and see i did it for our son not to harass him lol

[EDDIE51]

I agree. Remember the family court has just one overriding principle that comes above all else. That is
''To do whatever is in the best interest of the child''
Nothing can come before that.

[lsharp]

thank you! x

[Peter Pedant]

it is OK
going thro a intermediary doesnt count as contact

[ and yes you are right to ask - game playing is common with restraining orders - A neighbour ( Kevin ) was approached by Emmoh his ex - "Hi Kevin dja wanna know who Jayden is doing?"
Kevin who is a bit slow "Uhhhh?"

and Emma goes down to the local nick and complains that Kevin has contacted her (6 wks in prison for contempt)

[New Judge]

A bit late in on this as I've been away.

"A non contact order does not include essential information on medical matters."

Yes it does, unless it has a specific exclusion.

Presumably your Restraining Order was imposed by a criminal court (presumably the Magistrates' Court). Its terms as you describe them are absolute. The fact that a family court has imposed an order with conflicting conditions does not help. I don't know if you were represented for either hearing but if so your advocate should have ensured that the terms were consistent (and in fact it is still worthwhile going to the Magistrates' Court with a request that they vary their order to provide the exception the family order provides).

Having said all that, I cannot imagine the CPS launching a prosecution for breaking the Restraining Order in the circumstances you describe. But it would definitely be worthwhile ensuring the two orders are consistent.